One to watch: Bolivia’s bid to import a Canadian COVID-19 vaccine

Multiple tests: Will Canada respond? Is the WTO system too cumbersome? Is this a better route than waiving intellectual property rights?

By Peter Ungphakorn
POSTED MAY 12, 2021 | UPDATED MAY 12, 2021

News broke late yesterday (May 11, 2021) that a Canadian company, Biolyse Pharma, had agreed to supply Bolivia with 15 million doses of Johnson & Johnson’s Janssen vaccine for COVID-19, without the patent-owner’s permission.

But the deal cannot go ahead until the Canadian government issues a “compulsory licence” for Biolyse Pharma to make the vaccine in Canada and export it to Bolivia.

Although the objective is to get a cheaper version of the vaccine to a developing country — Bolivia — a lot of the focus will be on Canada, which now holds the key.

Continue reading “One to watch: Bolivia’s bid to import a Canadian COVID-19 vaccine”

The proposed COVID-19 intellectual property waiver: too soon to predict

Will the US prevail? What actually lies ahead? How long will it take? And if the waiver is agreed, what impact will it have?

By Peter Ungphakorn
POSTED MAY 7, 2021 | UPDATED JUNE 5, 2021

It’s tempting to conclude that the proposed waiver on World Trade Organization (WTO) intellectual property rules related to the COVID-19 pandemic will swiftly be agreed now that the US is supporting it.

It’s also tempting to assume that if the waiver is agreed, then intellectual property on vaccines and other COVID-19 products will be freely available and in use around the world.

Neither of those will necessarily happen, and almost certainly not quickly.

Continue reading “The proposed COVID-19 intellectual property waiver: too soon to predict”

The WTO’s deadlock over an intellectual property waiver for COVID-19

Questions and explanations about why the waiver is proposed, why it’s opposed and what it would mean

Update: In a remarkable turn-around on May 5, 2021, US Trade Representative Katherine Tai announced the US would support the waiver and negotiate based on a proposed text. The press release referred only to COVID-19 vaccines, not other products. Tai said:

This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures. The Administration believes strongly in intellectual property protection, but in service of ending this pandemic, supports the waiver of those protections for COVID-19 vaccines. We will actively participate in text-based negotiations at the World Trade Organization (WTO) needed to make that happen. Those negotiations will take time given the consensus-based nature of the institution and the complexity of the issues involved.

“The Administration’s aim is to get as many safe and effective vaccines to as many people as fast as possible. As our vaccine supply for the American people is secured, the Administration will continue to ramp up its efforts — working with the private sector and all possible partners — to expand vaccine manufacturing and distribution. It will also work to increase the raw materials needed to produce those vaccines
.”

More:
• After the May 2021 revised draft: WTO COVID-19 waiver: does the new draft move the talks forward?
• After the US announcement: The proposed COVID-19 intellectual property waiver: too soon to predict

By Peter Ungphakorn
POSTED DECEMBER 17, 2020 | UPDATED AUGUST 4, 2021

A petition with almost a million signatures was delivered to the World Trade Organization on December 9, 2020, calling for the WTO “to urgently ensure access to lifesaving Covid-19 vaccines, treatments and equipment for everyone in the world”.

We can overlook the fact that the WTO has no power to “ensure” anything of the kind. What the petition aimed to do was to support a proposal to waive WTO intellectual property rules temporarily where related to the COVID-19 pandemic.

The delivery was timed for the discussion the following day when members met as the Council for Trade Related Aspects of Intellectual Property Rights (the TRIPS Council). Since then, the proposal has gone nowhere.

Continue reading “The WTO’s deadlock over an intellectual property waiver for COVID-19”

Will ‘Melton Mowbray’ stay protected in the EU after the Brexit transition?

The UK has agreed to keep EU names protected, but what about UK names in the EU?

By Peter Ungphakorn
POSTED AUGUST 29, 2020 | UPDATED JANUARY 10, 2021

News that Britain wanted to renegotiate a deal struck in the Brexit Withdrawal Agreement on geographical indications — names such as Scotch whisky, Melton Mowbray pies, Cognac and Roquefort cheese — has triggered a discussion about what exactly was agreed, what wasn’t included and why not.

A report in The Guardian (echoing some earler reports) said the EU was “flabbergasted” that the UK wanted to water down the deal on geographical indications. “It’s just not going to happen,” the report quoted an EU official as saying.

Continue reading “Will ‘Melton Mowbray’ stay protected in the EU after the Brexit transition?”

What are geographical indications? What do they mean for post-Brexit UK?

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn. They are complicated. Every argument has a counter-argument

“How was your Cornish pasty sir? And your lamb, madam? It was New Zealand lamb. Excellent. Would you like some dessert? A cheese plate? We have a new Tiroler Bergkäse from Austria. I also recommend a fine French or Swiss Gruyère. And we have a lovely Caerphilly. Or our chef’s favourite mature Cheddar. A selection? Of course. And to go with that? Would you like to stay with your Amarone della Valpolicella? An Armagnac? A perfect choice. And sir? More Evian. Coming right up.”
Which of these are geographical indications? Answer at the end (click the image to see it full size)

By Peter Ungphakorn
POSTED MAY 5, 2018 | FIRST PUBLISHED ON UK TRADE FORUM APRIL 3, 2018 | UPDATED JANUARY 10, 2021

JUMP TO
PART 1 BASICS
What are geographical indications (GIs)?
What do they apply to?
Are they always place names?
How do they relate to rules of origin?
Why protect them?
What does protection mean?
How much protection?

PART 2 POLICY
How are geographical indications protected?
What does the UK face with the EU?
What do we know about the UK’s plans?
What does the UK face with other countries?
What does the UK face in the WTO?
Some GI titbits — style/method, orange, champagne, gruyère, feta

PART 3 WHAT THE WAITRESS SAID

Among the thousands of policy questions facing Britain after it leaves the EU is what its approach should be for geographical indications.

These are names — like Melton Mowbray pork pies, Rutland bitter and Bordeaux wine — that are used to identify certain products.

The UK’s policy will affect both its own and other countries’ names, and it has now taken first steps in revealing what its approach will be.

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn.

What are they? And what are the decisions facing the UK? This is an attempt to explain them simply. It’s in two main parts with a small third part tacked on.

Continue reading “What are geographical indications? What do they mean for post-Brexit UK?”